• It's important to hire a lawyer versed in Tennessee probate law.young lawyer image by Alexey Stiop from Fotolia.com
  
  Tennessee probate follows several different sections of the state code to pull together all the laws that govern the probate process. There are several important points that anyone looking at probate in Tennessee should be aware of, and which stress the importance of having a legally binding will. The process of probate in Tennessee tends to be simple when there is a legal will, and complex when there is not one.
  
  

Requirements Binding Will

• The state of Tennessee requires a wide range of conditions for a will to be considered legal and binding. First of all, the individual making the will must be at least 18 years old and sound of mind. A person in Tennessee is assumed to be sound of mind until proven otherwise. State law requires two people to witness the signing of the will by the person creating it. They must also sign their names as witnesses to the event. Oral wills are allowed, but only if the person is in "imminent peril of death," and two witnesses must be disinterested, meaning neither is involved in inheriting anything from the will. Oral wills will always be struck down in favor of written wills.
  
  

Legal Process

• When a person dies, the estate is put into probate, which is when the property is officially in the temporary possession of the state until a legal will or probate law can be executed. The state is responsible for notifying all heirs and beneficiaries. A statutory notice must be published, and all creditors or debt holders must also be contacted. Reviews of all the owed debts are done, and settled from the estate if found valid. Taxes are collected for federal and state fees, and then the remaining estate is split up among the beneficiaries either following a legal will or through intestate law if no legal will is available.
  
  

Intestate Law

• Intestate law kicks in when the deceased individual does not have a will, or does not have a will that is considered legal by the courts. Intestate law in Tennessee is more complicated than in many other states. Any spouse gets the entire estate if there are no children, or if there are children then the spouse gets one-third or a child's share, whichever is greater. If there are children but no spouse, then the children get equal share and this includes half-blood children. In the event that a person dies without a will in Tennessee and does not have a spouse or children, then the law can be very complicated in regards to who gets what when it comes to relatives. It is outlined in Tennessee Code Title 31, sections 2-104 to 2-110.